Amax Coal Company v. Job W. Anderson & Director, Office of Workers' Compensation Programs, United States Department of Labor

ESCHBACH, Circuit Judge.

Amax Coal Company (“Amax”) petitions this court for review of a grant of benefits to Job Anderson under the Black Lung Benefits Act (“Act”), Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. §§ 901-960. Amax’s primary contention in support of review is that the Administrative Law Judge and the Benefits Review Board improperly invoked the interim presumption of disability due to pneumoconiosis, see 20 C.F.R. § 727.203(a). We deny the petition.

I

Job Anderson was employed by coal mines for approximately forty-two years. In 1978, after experiencing…